State approves rules for water withdrawals

Nov. 27, 2012

Written by

Jon Campbell

Albany Bureau

ALBANY -- The state Department of Environmental Conservation approved a new set of regulations last week that could impact how natural-gas companies obtain water for hydraulic-fracturing operations.

The DEC acted last Wednesday to install a new permitting system for large withdrawals from the state’s waterways, with the new rules set to take effect in April.

The regulations, which were required by a state law passed last year, will require a permit for any withdrawals of more than 100,000 gallons per day, for both public and private uses. Previously, property owners were allowed to withdraw from a water source if their property was along the edge, while permits were only required for water being taken for large public systems.

“Governor Cuomo signed this legislation to foster responsible conservation practices and economic growth while protecting water bodies and wildlife habitats,” DEC Commissioner Joseph Martens said in a statement Tuesday. “The regulations will allow the state to protect the environment while promoting economic growth and addressing droughts.”

The law requiring the permitting system was supported by some critics of hydrofracking. High-volume fracking -- which is currently not allowed in New York -- requires several million gallons of water for each well. The water is mixed with sand and chemicals to fracture shale formations and release natural gas.

The DEC appears poised to miss a deadline at the end of this week for finalizing its proposed regulations for large-scale hydrofracking. Missing the deadline would require the agency to reopen to proposals to public comment.

The state’s portion of the Susquehanna and Delaware River basins, meanwhile, are regulated by multi-state commissions and are subject to separate permitting requirements.